Manuel Delatorre Perez v. State

• Court: Court of Appeals of Texas
• Decided: January 16, 2019
• Docket: 10-18-00157-CR
• Status: Published

Opinion

IN THE TENTH COURT OF APPEALS

No. 10-18-00157-CR

MANUEL DELATORRE PEREZ, Appellant v.

THE STATE OF TEXAS, Appellee

From the 19th District Court McLennan County, Texas Trial Court No. 2017-150-C1

ORDER

The State’s brief was originally due on November 7, 2018. A first extension of time

of 30 days was granted, and the State’s brief was due on December 7, 2018. A second

extension of time of 31 days was granted, and the State’s brief was due January 7, 2019.

Now, the State has requested an additional 30 days which would make the brief due on

February 6, 2019. This most recent request has pushed the total days to file the brief to

121 days to file a brief that the Rules of Appellate Procedure provide should be filed in 30 days. We cannot, in good conscience, grant the State four times the amount of time

allowed by the rules to file the State’s brief.

Accordingly, the State’s Motion for Extension of Time to File the State’s Brief is

denied. The State’s brief is due February 6, 2019. The failure to file a brief may result in

confession of error by the State. See State v. Fielder, 376 S.W.3d 784, 785 (Tex. App.—Waco

2011, no pet.).

PER CURIAM

Before Chief Justice Gray, and Justice Davis Motion denied Order issued and filed January 16, 2019

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